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20180214B.Pdf DARSWEIL L. ROGERS, COMMISSIONER FAYETTEVILLE PUBLIC WORKS COMMISSION WADE R. FOWLER, JR., COMMISSIONER 955 OLD WILMINGTON RD EVELYN O. SHAW, COMMISSIONER P.O. BOX 1089 D. RALPH HUFF, III, COMMISSIONER FAYETTEVILLE, NORTH CAROLINA 28302-1089 DAVID W. TREGO, CEO/GENERAL MANAGER TELEPHONE (910) 483-1401 WWW.FAYPWC.COM PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, FEBRUARY 14, 2018 8:30 A.M. AGENDA I. REGULAR BUSINESS A. Call to order B. Approval of Agenda II. CONSENT ITEMS (See Tab 1) A. Approve Minutes of meeting of January 24, 2018 B. Approve Resolution # PWC2018.02 adopting arbitration as a means of resolving all non-residential customer disputes. Comments: PWC has determined that arbitration offers a fair, efficient, and cost-effective means of achieving binding dispute resolution for PWC and its non-residential customers by an arbitrator who is familiar with utility practices and utility law. PWC therefore concludes that binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the Optional Rules for Emergency Measures of Protection, for the resolution of all non-residential customer disputes is prudent and should be adopted. C. Approve Action on Easement Approve staff recommendation to sell through private negotiation a 20 foot wide permanent utility easement granted by Barbara M. Johnson, unmarried, and described in Book 10121, Page 537, Cumberland County Registry. The utility easement is no longer needed by Fayetteville Public Works Commission since planned sewer lines have been rerouted. The recommendation, as approved by the Fayetteville Public Works Commission, shall be referred to City Council in accordance with Section 6A.9 of the Charter to request that the City of Fayetteville adopt a resolution authorizing Fayetteville Public Works Commission BUILDING COMMUNITY CONNECTIONS SINCE 1905 AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Page 2 Agenda – February 14, 2018 to dispose of the utility easement property by private sale at a negotiated price in accordance with Chapter 160A of the North Carolina General Statutes. Comments: PWC has determined that the utility easement from Ms. Johnson described in Book 10121, Page 537, Cumberland County Registry is no longer needed and seeks to dispose of it. END OF CONSENT III. AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE, CUMBERLAND COUNTY AND THE FAYETTEVILLE PUBLIC WORKS COMMISSION RELATED TO THE FUNDING AND DEVELOPMENT OF THE FRANKLIN STREET PARKING GARAGE (See Tab 2) Presented by: Kristoff Bauer, Deputy City Manager On June 9, 2010, the Commission entered into a three party Interlocal Agreement with the City of Fayetteville and Cumberland County related to the development of the Franklin Street Parking Garage adjacent and connected to the RC Williams Business Center. As part of that Agreement, the City and County created a Municipal Service District (MSD). That Agreement needs to be amended to expand the MSD to facilitate the funding agreement between the City and County for the Downtown Baseball Stadium. Because PWC was party to the original Agreement the Commission must also execute the Amendment. This Amendment has no material or other impact of PWC and as such staff recommends that the Commission approve the amendment and authorize the Chair to execute. IV. SUMMARY OF ASSESSMENT PROCESS FOR ANNEXED AREAS Presented by: Mark Brown, Senior Customer Programs Officer V. 2nd QUARTER FINANCIAL RECAP (THRU DECEMBER 2018) – (Goal #1) Presented by: Rhonda Haskins, Interim Chief Financial Officer Brenda Brown, Controller VI. GENERAL MANAGER REPORT (See Tab 3) A. Open Commission Requests VII. REPORTS AND INFORMATION (See Tab 4) A. Purchase Orders November 2017 December 2017 January 2018 Page 3 Agenda – February 14, 2018 B. Personnel Report for January 2018 C. Position Vacancies D. Approved N.C. Department of Transportation Encroachment Agreement(s): Encr. #18619 – water lateral @ SR1169 (Camden Road) and SR1168 (Whitfield St.) (Fayetteville Urban Ministries) Encr. #18622 – 8” RJDIP sewer main & 4’ doghouse manhole @ SR2299 (Russell St.) and I-95 BUS/US301 Encr. #18623 – 13 geotechnical borings & 8 subsurface utility test holes @ SR1606, SR1607 @ US HWY 401 North Encr. #18624 – 12” DIP water main @ SR2299 (Russell St.) and I-95 BUS/US301 E. Approved Railroad Encroachment Agreement(s): Encr. # 18489 – Water Main Encasements – Gillespie Street (SR 2311) Encr. # 18490 – Pipeline Crossing - Cumberland Street Encr. # 18491 – Water Main Encasements – Mann Street F. Approved Utility Extension Agreement(s): Sharlene R. Williams – electric, water and sewer services to serve Village at Sycamore Office Park G. Actions by City Council during meeting of January 8, 2018, related to PWC: Approved Bid Recommendation to Award Bid to Purchase 40,000 ft. 750 MCM Underground Primary Distribution Cable Approved Bid Recommendation to Award Bid for Purchase of Transformer No. 1 Relay Control Switchboards and SCADA HMI and Communications Switchboards Approved Bid Recommendation to Award Bid for Purchase and Delivery of 2 ABB 72.5 kV Disconnecting Circuit Breakers VIII. ADJOURN D-R-A-F-T PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, JANUARY 24, 2018 8:30 A.M. Present: Wade R. Fowler, Jr., Chairman D. Ralph Huff, III, Vice-Chairman Darsweil L. Rogers, Secretary Evelyn O. Shaw, Treasurer Others Present: David W. Trego, CEO/General Manager Jay Reinstein, Assistant City Manager Johnny Dawkins, Council Liaison Melissa Adams, Hope Mills Town Manager/Liaison Robert Van Geons, FCEDC President PWC Staff Media Absent: Michael Boose, Cumberland County Liaison REGULAR BUSINESS Chairman Fowler called the meeting of Wednesday, January 24, 2018, to order. APPROVAL OF AGENDA Upon motion by Commissioner Rogers and seconded by Commissioner Huff, the agenda was amended to add a closed session to discuss legal matters pursuant to N. C. General Statutes 143-318.11(a)(3). Motion was unanimously approved. Upon motion by Commissioner Huff and seconded by Commissioner Rogers the amended agenda was unanimously approved. CONSENT ITEMS Upon motion by Commissioner Shaw and seconded by Commissioner Huff the Consent Items were unanimously approved. A. Approve Minutes of meeting of January 10, 2018. 1 D-R-A-F-T B. Approve PWC Resolution # PWC2018.01 authorizing the condemnation of easements on eighteen parcels and delegating authority to execute real estate acquisition documents to the General Manager. PWC has determined at this time that its utility operations should be extended, enlarged, and improved by the acquisition of eighteen (18) specified easements in the name of The City of Fayetteville, by and through PWC, and such acquisition is necessary and in the public interest for the benefit and use of the public, specifically by and through the establishment, extension, enlargement, or improvement (to meet the need for expanded or upgraded service) of an adequate and sound system of transmission and distribution of electricity, water supply and distribution, and sanitary sewer lines and system. PWC has further determined that it has the authority under Section 6A.8 of Chapter VIA of the Charter of The City of Fayetteville to delegate to the General Manager authority to execute contracts, settlement statements, instruments, and other legal documents necessary for the acquisition of interests in real property, which shall be titled in the name of the City of Fayetteville, by and through PWC and wishes to do so. END OF CONSENT UPDATE ON IBT CASE Presented by: Mick Noland, Chief Operations Officer, Water Resources Mr. Trego commended Mick Noland’s efforts in taking on this case, working with the legal team and our General Counsel in getting a successful resolution for the community. He stated the community is better off because of Mr. Noland’s efforts. Mr. Noland stated the people in the Raleigh area simply cannot do what they want to do and not consider our needs regarding the Jordan Lake and water quality. He then gave the following timeline: July 2013 Legislature simplifies process to modify an existing IBT certificate. They had to go through a much less rigorous evaluation to get approval to increase an already existing certificate. He noted one sponsoring Legislator was from the Cary area. PWC looked at the bill, commented on it and felt like it was reasonable. September 2013 Cary-Apex (Towns) petition Environmental Management Commission (EMC) to increase their certificate from 22 MGD to 33 MGD. January 2015 State/EMC fast track review of Environmental Assessment and issues Finding of No Significant Impact. (No public hearing on determination). 2 D-R-A-F-T Commissioner Rogers asked why there was no public hearing. Mr. Noland stated we challenged a lot of these decisions during the administrative hearing. He stated the judge was awesome and he understood the issues. March 2015 EMC issues 2015 Modified IBT Certificate requested by Towns. No requirement to return flow as had been contained in the 2001 certificate. Mr. Noland stated if there had been a requirement to return flow, we would have been okay. Wrong mitigation standard used (reasonable degree used instead of maximum degree practicable). Mr. Noland stated they used reasonable degree and not maximum degree practicable. There is a lot of difference between those two standards. Mr. Trego stated because of the 2001 certificate they actually constructed a wastewater treatment plant that had the capabilities to return water back to the basin. They had a lot of the infrastructure there to comply with additional return, but they did not want to do it. Mr. Noland stated they built the Western Wake Plant which cost nearly $300 million. This plant is in operation. They stated they are using the plant and to trust them that the water will come back. Mr. Noland stated they fulfilled the obligations but he noted that the return needed to be in the certificate. He also noted that it took a long time to get information from them. Commissioner Rogers asked if there is more than one water system in Wake.
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